Tags: sanctuary cities | immigration | prosecution

'Sanctuary' Granting Officials May Be Prosecuted

Image: 'Sanctuary' Granting Officials May Be Prosecuted

Mayor of Boston Marty Walsh delivers a speech on the first day of the Democratic National Convention at the Wells Fargo Center, July 25, 2016, in Philadelphia, Pennsylvania. (Jessica Kourkounis/Getty Images)

By James Walsh
Friday, 02 Dec 2016 09:55 AM Current | Bio | Archive

Some state governors, mayors, and others that boastfully claim they will not obey the federal law pertaining to immigration are subjecting themselves to possible federal criminal prosecution. State and local officials are not exempt from prosecution if they are encouraging or inducing an alien to come to, enter, or reside in the United States without inspection, or if they are harboring or protecting aliens in the United States without inspection.

The mayors of cities like New York, Chicago, San Francisco, Oakland, Washington, D.C., and numerous other governmental units speak with the bravado of carnival hucksters as they pedal "sanctuary" protection for illegal aliens and visa overstays. These officials are not speaking responsibly as their duty is the protection, safety, and well-being of their residents and concern for national security.

The illegal aliens in America have not been inspected and properly vetted for criminal activities, health maladies, or terrorist ties. There are too many examples of illegal aliens committing crimes against citizens, engaging in terrorist endeavors, and causing injuries to citizens due to driving under the influence of drugs or alcohol to ignore. The political elders of San Francisco have a history of favoring freedom and protection of illegal aliens over the safety and welfare of American citizens. The death of Kate Steinle is an example.

In late November 2016 at Ohio State University, a Somali refugee student, allegedly 18 years of age and in the United States for 2 years, attempted to kill people with his car and a knife. His terrorist act injured 11 people. Many questions surround this criminal’s refugee status and his age.

The U.S. Attorney General has the duty to enforce the laws of the United States and present evidence of all possible criminal violations of federal immigration laws to grand juries. The grand juries determine whether or not probable cause exists that any person violated federal laws, regardless of rank and privilege.

In addition to possibly withholding federal monies programmed for the state and local venues that violate immigration laws the federal government may bring criminal actions against the state and local officials.

Acts and statements by state or local officials declaring their venues "sanctuary" locations and impede federal officers in performance of their duties may constitute criminal violations of federal laws. There is no such thing as "sanctuary" in American jurisprudence — it is a myth created by open border advocates, Democrats, anarchists, and the newsmedia.

The United States Attorneys’ Manual sets out instructions apropos to indicting and trying persons who violate federal immigration laws. Federal courts have ruled that local law enforcement officers are authorized to make arrests for violations of federal statutes. (8 USC sections 3041 and 1324 (c))

Three of the federal statutes that are specifically applicable to state and local officials and others who may be violating federal law include:

8 USC section 1324 (a) (1) (A) (iii) makes it an offense for any person who knowingly or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection such alien.

8 USC section 1324 (a) (1) (A) (iv) makes it an offense for any person who encourages or induces an alien to come to, enter, or reside in the United States, knowingly or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of the law.

8 USC section 1324 (a) (1) (A) (v) expressly makes it an offense to engage in a conspiracy to commit or to aid or abet the commission of the above offenses.

The state and local government officials that boast about violating the immigration laws have adopted the same elitist blasé attitude and arrogance that Hillary Clinton exhibited for her violations of federal laws. These officials are mainly Democrats that consider open borders a necessity to globalize America, deny America’s exceptionalism, and blame America for the ills of the world.

Wily Democrat politicians like Boston mayor Martin J. Walsh speak with forked tongues. Walsh derides President-elect Trump’s immigration plans, but does not go so far as to proclaim Boston as a "sanctuary" city. Such artful politicians give genuine patriotic politicians a bad name.

The incoming Attorney General should determine whether it would be appropriate for U.S. Attorneys around the country to present to their respective grand juries the actions of "sanctuary"-endorsing officials for violating federal laws.

If this occurs, the myth of "sanctuary" would vaporize into oblivion.

Americans need to be assured that we are still a nation of laws and no one is above the law.

James H. Walsh was associate general counsel with the U.S. Department of Justice Immigration and Naturalization Service from 1983 to 1994. Read more reports from James Walsh — Click Here Now.

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Some state governors, mayors, and others that boastfully claim they will not obey the federal law pertaining to immigration are subjecting themselves to possible federal criminal prosecution.
sanctuary cities, immigration, prosecution
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2016-55-02
 

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